Introduction
This topic covers the criteria by which the probation officer determines non-compliance. There are some criteria which apply to most sentences/orders and some specific criteria which apply to offenders subject to:
- home detention (HD)
- parole with residential restrictions (RR), and
- extended supervision.
General criteria
The offender is considered to have not complied with their sentence/order if any of the following criteria apply.
The offender:
- fails to comply with any special conditions of the sentence/order as they appear on the sentence order or release licence
- fails to present themselves for initial reporting within 72 hours (or within the timeframe directed by court/New Zealand Parole Board (NZPB)) after:
- sentence/release, or
- transfer to a different Community Probation & Psychological Services (CPPS) service centre, as directed on the transfer direction
- fails to report as and when required to do so, and has no reasonable excuse for not reporting
- fails to attend an assessment, programme or treatment when directed to do so by a probation officer
- changes their place of residence and fails to notify the probation officer, and has no reasonable excuse for not notifying the probation officer
- resides at an address which the probation officer has directed the offender not to reside at
- is engaged in employment which the probation officer has directed the offender not to engage in
- associates with any person or class of persons whom they have been directed (in writing) by the probation officer not to associate with, or
- will not participate in a rehabilitative and reintegrative assessment or programme when requested to do so by the probation officer.
Criteria for offenders subject to HD/parole with RR
The offender is considered to have not complied with their sentence/ release if any of the following criteria apply.
The offender:
- will not cooperate with any lawful direction given by the probation officer
- refuses to let either the probation officer or any other authorised person into the residence
- will not submit to the electronic monitoring (EM) in compliance with their detention conditions when required by the probation officer to do so
- leaves the residence without the approval of the probation officer unless it is to:
- seek urgent medical or dental treatment, or
- avoid or minimise a serious risk of death or injury to the offender or any other person, or
- is unable to produce their direction notice and court order or release licence if requested to do so by a member of the police or a probation officer.
Legislative references: Section 80C and 80D Sentencing Act 2002, and section 33 Parole Act 2002.
Criteria for extended supervision orders
The offender is considered to have not complied with their order if any of the following additional criteria apply.
The offender:
- moves to a new residential address without obtaining the prior written consent of the probation officer
- changes their employment without obtaining the prior written consent of the probation officer
- associates or has contact with a person under the age of 16 years without being under the supervision of an adult approved (in writing) by the probation officer
- associates or has contact with a victim (of the offender) without the prior written approval of the probation officer, or
- breaches any of the special conditions imposed by the court or NZPB.
Note: Contact includes communicating, or attempting to communicate with a person by any means, including, for example, by telephone or via the internet.
Legislative references: Section 107J and 107K Parole Act 2002.
